Reading assignment Example | Topics and Well Written Essays - 750 words - 2

Reading - Assignment Example Although sovereign citizens have a lot of strategies which up their modus operandi, an interesting facet of these strategies is the use of bogus lien, in order to propagate and perpetuate sovereign citizens’ Redemption Scheme. In this regard, this paper seeks to address question 3 which demands for a discussion on how Sovereign citizens use of the law to unlawfully seize real estate and their legal "justification." According to Morlin (2013), members of the sovereign citizen use bogus lien to wage war against the government, its citizens, law enforcers and state agencies in order to intimidate, frustrate or threaten (them). The act of intimidating, threatening and even frustrating the government, its agencies, and state operatives is part of the wider Redemption Scheme. As a side note, the wideness of the Redemption Scheme is underscored by the fact that Redemption Scheme may even include killing police officers and the use of the law, as shall be seen forthwith. When law enfo rcers and/ or government officials begin to take legal actions on sovereign citizens, the officials are perceived as not acting within the frameworks of the legal authority. Liens are thus used as a war strategy against the official(s). Sovereign citizens use copyright and trademark laws to perpetuate the use of bogus lien. ... The measure above begins with members of sovereign citizens assessing the perceived damages wrought by the offender’s act of contravening copyright laws against sovereign citizens. These members may then issue First Notice and Demand for Settlement to the offender through certified mail, as a way of claiming monetary damages. Deadlines for the offender’s response may be mentioned. As is provided for by the FBI (2011), upon the expiry of the of the response period, sovereign citizens will issue a Second Notice and Demand for Settlement, with a specified response period through the same certified mail. Upon the expiry of the period for the second response, sovereign citizens may issue the offender with a Notice of Default or a Notice of Dishonor via certified mail. Ten days will be allowed for payment of monetary damages, forthwith. Since the offender seldom responds to these demands because of the fraudulent nature of the litigant’s claims, sovereign citizens will use copies of the previously sent notices and certified mail receipts to place liens against the offender’s assets and property. Provided that the lienor has completed payment on all filing fees and completed all paperwork, courts of law will give the placement of the lien the green light. This measure will not make it whether a lien is fraudulent or legitimate. Apart from the use of the legal measures above, members of sovereign citizens may also use the Common Law Grand Jury (CLGJ) and the Common Law Court (CLC) to perpetuate and justify their agenda. This is a tenable alternative since both CLC and CLGJ also comprise members of sovereign citizens who may pass judgment against offending parties. Members of sovereign citizens may use True Bills to issue Common Law liens against their target. The

Doctrine of Separation of powers in Australia Essay

Doctrine of Separation of powers in Australia - Essay Example It is evident that â€Å"separation of powers† limits the control and authority of each arm. This is because when power is divisible between the three branches of government, a division that is too strong or manipulative lacks. Notably, none of these branches is entirely separate from the other. The three arms of government are interdependent and connective (Patapan, 2000). Separation of powers The Commonwealth Constitution provides for separation of legislative, judicial and executive power. The high court separated judicial power from both executive and legislative in several cases involving constitutional matters. The courts are not allowed to separate the authority exercised by the legislature and executive. A useful example of separation of power in commonwealth countries is Australia. The authors of the Australian constitution borrowed this concept from both the American and British constitution. This enabled them to devise a document called Hybrid constitution (Coper & Williams, 2001). The Australian constitution draws distinctions between the legislative, executive and judicial powers. This means that, in accordance with the commonwealth governance, the branch that abuses power can have its actions declared illegal by a court. The parliament is also the legislative organ in the Australian constitution. Its role is to make, review and amend laws. It comprises of a House of Representative members who are also the lawmakers. The executive comprises of ministries that help to put the laws into action. The ministers and permanent secretaries oversee the executive. The judiciary is mandated to make laws and judgements on issues affecting the country. It is made of the federal courts and high courts. The executive is selected by parliament while governor-generals who are also members of parliament appoint the judiciary (judges) with the principle of separation of powers, (Patapan, 2000). Commonwealth judicial officers have a security of tenure. However, the judicial officers retire at seventy. It is equally evident that the executive makes the appointments. After appointing the officials, their names are gazetted to make it official. The executive can dismiss judicial officers through Governor-General after approval by the parliament. The officers can be fired if they misbehave or are unable to perform (Lee, 2003). Benefits and issues The system of power separation is the main standard of governance in Australia. It is effective in checking corruption and power misuse in the government. This is because it eliminates the concept of monopoly by dividing power to the different organs. This is because each group operates within its area of jurisdiction to keep check on the status and actions of the other group. (Lee, 2003).The coalition works towards the maintenance of support from the majority members of house representatives. This enables them to stay in the government. It also provides a valid check on the executive by ensuring res ponsibility to parliament. The theory of power separation guides the government into implementing and managing the state laws. This results in responsible government that is imperative to maintaining the government. The principle of â€Å"separation of powers† is associated with fair governance. The separation in Australia is not strict as it works towards the building of essential democratic concepts